Slip, Trip and Fall Injuries in New Hampshire

Cities, towns, counties and other local governmental units in New Hampshire can be held liable for bodily injury caused by their fault arising out of the ownership, occupation, maintenance or operation of their premises, but liability for sidewalks, streets and highways is limited as provided in RSA chapter 231. The general duties a private owner owes to visitors come from court decisions, which were not reviewed for this entry.

For public ways: a municipality or school district is not liable for hazards on public highways, bridges or sidewalks caused solely by snow, ice or other bad weather, even if it knew of them, when its failure or delay in clearing them results from carrying out, in good faith and without gross negligence or reckless disregard, a winter or inclement-weather maintenance policy or set of priorities. Municipal employees are presumed to be acting under such a policy unless proven otherwise. On recreational land, snow and ice conditions are listed among the inherent risks that participants in outdoor recreation accept.

New Hampshire limits city and town liability for defective public highways and the sidewalks on them. A municipality is liable only if the defect was an 'insufficiency' (the way is not passable in any safe manner, or has a hidden hazard a careful traveler could not reasonably discover or avoid) and either (a) it received signed written notice of the insufficiency (to a selectman, highway agent, mayor or street commissioner, with a copy to the clerk) and failed to post warnings and, within 72 hours, plan and carry out repairs; (b) listed officials had actual knowledge and were grossly negligent or acted in bad faith; or (c) a municipal employee created the hazard intentionally, with gross negligence or reckless disregard. The lawsuit must describe with particularity how the municipality received actual notice, and damages are subject to the RSA 507-B:4 caps. The statutes read do not address liability of the owner of property next to the sidewalk.

Before suing a town, city, county, school district or other local governmental unit, the injured person must notify the unit's clerk by registered mail within 60 days after the injury (or after it was or reasonably could have been discovered) of the date, time and location where it occurred; if the government claims it lacked notice, it must show it was substantially prejudiced. The lawsuit must be filed within 3 years after the injury (or discovery). Liability is capped at $325,000 per person and $1,000,000 per incident, plus interest and costs, with no punitive damages. Claims against state agencies follow a separate statute (RSA 541-B).

Modified comparative fault (51% bar). The plaintiff's own fault does not bar recovery if it was not greater than the fault of the defendant (or of all defendants combined), but damages are reduced in proportion to the plaintiff's share of fault. The party claiming fault must prove it.

Three years from the act or omission. If the injury and its connection to the act or omission were not discovered and could not reasonably have been discovered at the time, the three years run from when the injured person discovered (or reasonably should have discovered) them.